Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Classification disputes turned on the inherent character of imported flame cut used pipes versus treatment as waste or scrap; the principle of eo nomine and classification by character governs and requires attention to physical characteristics and chapter notes, but the appellants had voluntarily accepted departmental reclassification and paid duty and penalties without protest, which estops them from reopening classification or valuation. The Tribunal therefore treated misdeclaration and reclassification as non contestable in these appeals. Exercising appellate discretion on proportionality, the Tribunal moderated the redemption fine and penalty while leaving the remaining findings intact.
Classification disputes turned on the inherent character of imported flame cut used pipes versus treatment as waste or scrap; the principle of eo nomine and classification by character governs and requires attention to physical characteristics and chapter notes, but the appellants had voluntarily accepted departmental reclassification and paid duty and penalties without protest, which estops them from reopening classification or valuation. The Tribunal therefore treated misdeclaration and reclassification as non contestable in these appeals. Exercising appellate discretion on proportionality, the Tribunal moderated the redemption fine and penalty while leaving the remaining findings intact.
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